§ 9756. Sentence of total confinement.
(a) General rule.--In imposing a sentence of total confinement the court shall at the time of sentencing
specify any maximum period up to the limit authorized by law and whether the sentence
shall commence in a correctional or other appropriate institution.
(b) Minimum sentence.--
(1) The court shall impose a minimum sentence of confinement which shall not exceed one-half
of the maximum sentence imposed.
(2) The minimum sentence imposed under this section may not be reduced through parole
prior to the expiration of the minimum sentence unless otherwise authorized by this
section or other law.
(3) Except where the maximum sentence imposed is two years or more, and except where a
mandatory minimum sentence of imprisonment or total confinement is required by law,
the court shall, at the time of sentencing, state whether or not the defendant is
eligible to participate in a reentry plan at any time prior to the expiration of the
minimum sentence or at the expiration of a specified portion of the minimum sentence.
For maximum sentences of less than two years as defined under section 9762(f) (relating
to sentencing proceeding; place of confinement), a court may parole a defendant prior
to the expiration of the minimum sentence only if the defendant was made eligible
to participate in a reentry plan at the time of sentencing. The court shall provide
at least ten days' written notice and an opportunity to be heard, pursuant to section
9776 (relating to judicial power to release inmates), to the prosecuting attorney
before granting parole pursuant to this subsection. The reentry plan eligibility shall
be considered a part of the sentence and subject to the requirements relating to the
entry, recording and reporting of sentences.
(b.1) Recidivism risk reduction incentive minimum sentence.--The court shall determine if the defendant is eligible for a recidivism risk reduction
incentive minimum sentence under 61 Pa.C.S. Ch. 45 (relating to recidivism risk reduction
incentive). If the defendant is eligible, the court shall impose a recidivism risk
reduction incentive minimum sentence in addition to a minimum sentence and maximum
sentence except, if the defendant was previously sentenced to two or more recidivism
risk reduction incentive minimum sentences, the court shall have the discretion to
impose a sentence with no recidivism risk reduction incentive minimum.
(c) Prohibition of parole for summary offenses.--The court may impose a sentence to imprisonment without the right to parole under
this subsection only when:
(1) a summary offense is charged;
(2) sentence is imposed for nonpayment of fines or costs, or both, in which case the sentence
shall specify the number of days to be served; and
(3) the maximum term or terms of imprisonment imposed on one or more indictments to run
consecutively or concurrently total less than 30 days.
(c.1) Sentence of total confinement combined with probation.--The court may impose a sentence of imprisonment without parole under this subsection
only when:
(1) the period of total confinement is followed immediately by restrictive conditions
of probation imposed pursuant to section 9763(c) or (d) (relating to conditions of
probation) in which case the sentence of total confinement shall specify the number
of days of total confinement also to be served; and
(2) the maximum sentence of total confinement imposed on one or more indictments to run
consecutively or concurrently total 90 days or less.
(c.2) Determinate sentence.--Notwithstanding any other provision of law, a court may impose a determinate sentence
under 75 Pa.C.S. (relating to vehicles) where the violation is graded as a summary
offense and the maximum sentence of total confinement is 90 days or less. Nothing
in this subsection shall be construed to preclude an otherwise eligible defendant
from work release or prevent a court from sentencing a defendant to probation, including
the restrictive conditions of probation imposed under section 9763(c).
(d) Prisoner release plans.--This section shall not be interpreted as limiting the authority of the court as set
forth in section 9755.1 (relating to temporary release from county correctional institution).
(e) Definitions.--As used in this section, the term "reentry plan" is a release plan that may include
drug and alcohol treatment, behavioral health treatment, job training, skills training,
education, life skills or any other condition deemed relevant by the court.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff.
60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026,
No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; July 5, 2012, P.L.1050,
No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 22, 2025,
P.L.363, No.58, eff. imd.)
2025 Amendment. Act 58 added subsec. (c.2). See section 8 of Act 58 in the appendix to this title
for special provisions relating to findings and declarations.
2019 Amendment. Act 115 amended subsec. (c.1).
2012 Amendment. Act 122 amended subsec. (d).
2009 Amendment. Act 33 amended subsecs. (b), (b.1) and (e).
2000 Amendment. Act 41 amended subsec. (c) and added subsec. (c.1).
Cross References. Section 9756 is referred to in sections 2154, 9721 of this title; sections 6137.1,
6137.2 of Title 61 (Prisons and Parole).
Notes of Decisions
Hudson v. Pa. Bd. of Prob. & Parole, 204 A.3d 392 (Pa. 2019).
· cites it 8× “In particular, Appellant observes that Section 9756 of the Sentencing Code, see 42 Pa.C.S. §9756 (relating to sentences of total confinement), requires that a defendant be given the right to parole after a minimum sentence of no more than half the maximum sentence.”
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
· cites it 8× “3 We hold: (1) Appellant’s flat sentence for the summary offense of DWOPS is not compliant with 42 Pa.C.S. § 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.”
Commonwealth v. Kleinicke, 895 A.2d 562 (Pa. Super. Ct. 2006).
· cites it 8× “See 42 Pa.C.S. § 9756 (when handing down a prison sentence, the sentencing judge must specify maximum period up to limit authorized by law and must impose minimum sentence, which cannot exceed one-half of the maximum sentence).”
Commonwealth v. Baney, 860 A.2d 127 (Pa. Super. Ct. 2004).
· cites it 8× “2d 211 (1994) (section 7508's mandatory minimum sentence provisions requiring 3 to 5 year sentence, despite conflict with minimum-maximum rule of 42 Pa.C.S. § 9756, was not unconstitutional; section 7508 was subsequently enacted by the legislature and with intention of invoking…”
Com. v. Risoldi, C., 276 A.3d 279 (Pa. Super. Ct. 2022).
· cites it 12× “at 11-19 (citing 42 Pa.C.S. § 9756(b)(3)). We must first determine if Appellant’s issue does, in fact, implicate the legality of her sentence.”
Commonwealth v. Ramos, 83 A.3d 86 (Pa. 2013).
· cites it 11× “In a footnote, the Superior Court also acknowledged that the “minimum-maximum rule,” 42 Pa.C.S. § 9756, and the sentencing maximum outlined in 35 P.”
Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012).
· cites it 6× “§ 4505(c)(1), (2); 42 Pa.C.S. § 9756. A court may decline to impose an RRRI Act minimum sentence if the offender has already been afforded two or more RRRI Act minimum sentences.”
Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002).
· cites it 2× “If the trial court imposes a sentence of total confinement, the sentence must include a minimum period of imprisonment, which "shall not exceed one-half of the maximum sentence imposed.”
Commonwealth v. Morrison, 173 A.3d 286 (Pa. Super. Ct. 2017).
· cites it 2× “42 Pa.C.S. § 9756(a). It also must impose a minimum sentence that does not ■exceed one-half of the maximum sentence imposed.”
Commonwealth v. Finley, 135 A.3d 196 (Pa. Super. Ct. 2016).
· cites it 6× “This determination requires an examination of the requirements for sentences of total confinement and parole eligibility set forth in 42 Pa.C.S. § 9756. Therefore, our examination of this issue is one of statutory interpretation, which is a question of law.”
Commonwealth v. Smith, 194 A.3d 126 (Pa. Super. Ct. 2018).
· cites it 2× “5 When imposing a sentence of "total confinement," 42 Pa.C.S. § 9756(a), "[t]he court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed[,]" 42 Pa.”
— 42 Pa. Cons. Stat. § 9756(a) — 20 cases
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“3 We hold: (1) Appellant’s flat sentence for the summary offense of DWOPS is not compliant with 42 Pa.C.S. § 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.”
Commonwealth v. Morrison, 173 A.3d 286 (Pa. Super. Ct. 2017).
“42 Pa.C.S. § 9756(a). It also must impose a minimum sentence that does not ■exceed one-half of the maximum sentence imposed.”
Commonwealth v. Smith, 194 A.3d 126 (Pa. Super. Ct. 2018).
“5 When imposing a sentence of "total confinement," 42 Pa.C.S. § 9756(a), "[t]he court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed[,]" 42 Pa.”
— 42 Pa. Cons. Stat. § 9756(a)(3) — 1 case
— 42 Pa. Cons. Stat. § 9756(b) — 42 cases
Commonwealth v. Kleinicke, 895 A.2d 562 (Pa. Super. Ct. 2006).
“See 42 Pa.C.S. § 9756 (when handing down a prison sentence, the sentencing judge must specify maximum period up to limit authorized by law and must impose minimum sentence, which cannot exceed one-half of the maximum sentence).”
Commonwealth v. Baney, 860 A.2d 127 (Pa. Super. Ct. 2004).
“2d 211 (1994) (section 7508's mandatory minimum sentence provisions requiring 3 to 5 year sentence, despite conflict with minimum-maximum rule of 42 Pa.C.S. § 9756, was not unconstitutional; section 7508 was subsequently enacted by the legislature and with intention of invoking…”
Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002).
“If the trial court imposes a sentence of total confinement, the sentence must include a minimum period of imprisonment, which "shall not exceed one-half of the maximum sentence imposed.”
— 42 Pa. Cons. Stat. § 9756(b)(1) — 42 cases
Commonwealth v. Morrison, 173 A.3d 286 (Pa. Super. Ct. 2017).
“42 Pa.C.S. § 9756(a). It also must impose a minimum sentence that does not ■exceed one-half of the maximum sentence imposed.”
Commonwealth v. Smith, 194 A.3d 126 (Pa. Super. Ct. 2018).
“5 When imposing a sentence of "total confinement," 42 Pa.C.S. § 9756(a), "[t]he court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed[,]" 42 Pa.”
Hudson v. Pa. Bd. of Prob. & Parole, 204 A.3d 392 (Pa. 2019).
“In particular, Appellant observes that Section 9756 of the Sentencing Code, see 42 Pa.C.S. §9756 (relating to sentences of total confinement), requires that a defendant be given the right to parole after a minimum sentence of no more than half the maximum sentence.”
Commonwealth v. Ramos, 83 A.3d 86 (Pa. 2013).
“In a footnote, the Superior Court also acknowledged that the “minimum-maximum rule,” 42 Pa.C.S. § 9756, and the sentencing maximum outlined in 35 P.”
— 42 Pa. Cons. Stat. § 9756(b)(2) — 5 cases
Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012).
“§ 4505(c)(1), (2); 42 Pa.C.S. § 9756. A court may decline to impose an RRRI Act minimum sentence if the offender has already been afforded two or more RRRI Act minimum sentences.”
— 42 Pa. Cons. Stat. § 9756(b)(3) — 6 cases
Com. v. Risoldi, C., 276 A.3d 279 (Pa. Super. Ct. 2022).
“at 11-19 (citing 42 Pa.C.S. § 9756(b)(3)). We must first determine if Appellant’s issue does, in fact, implicate the legality of her sentence.”
Commonwealth v. Finley, 135 A.3d 196 (Pa. Super. Ct. 2016).
“This determination requires an examination of the requirements for sentences of total confinement and parole eligibility set forth in 42 Pa.C.S. § 9756. Therefore, our examination of this issue is one of statutory interpretation, which is a question of law.”
In Re: Order Adopting New Rule 705.1, Amending Rules 454, 462, & 1010, & Approving the Revision of the Comments to Rules 409, 414, 424, 455, 550, 590, & 704 of the Pennsylvania Rules of Crim. Procedure (Pa. 2016).
— 42 Pa. Cons. Stat. § 9756(b)(l) — 1 case
— 42 Pa. Cons. Stat. § 9756(c) — 13 cases
Hudson v. Pa. Bd. of Prob. & Parole, 204 A.3d 392 (Pa. 2019).
“In particular, Appellant observes that Section 9756 of the Sentencing Code, see 42 Pa.C.S. §9756 (relating to sentences of total confinement), requires that a defendant be given the right to parole after a minimum sentence of no more than half the maximum sentence.”
— 42 Pa. Cons. Stat. § 9756(c)(1) — 1 case
— 42 Pa. Cons. Stat. § 9756(e) — 2 cases
Com. v. Risoldi, C., 276 A.3d 279 (Pa. Super. Ct. 2022).
“at 11-19 (citing 42 Pa.C.S. § 9756(b)(3)). We must first determine if Appellant’s issue does, in fact, implicate the legality of her sentence.”
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